SOUTH AUSTRALIA]

No. 48

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

FRIDAY  6  JULY  2001

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. J. C. Irwin) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

   2.

The Treasurer (The Hon. R. I. Lucas), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

 

Suspension
of Standing
Orders.

   3.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 15 be postponed and taken into consideration after Order of the Day (Government Business) No. 16.

 

Postponement
of Business.

   4.

On the Order of the Day being read for the adjourned debate on the question - That the Co-operative Schemes (Administrative Actions) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned and ordered to be resumed on motion.

 

Co-operative
Schemes
(Administrative
Actions) Bill.

   5.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 15 and No. 17 to No. 26 and Orders of the Day (Private Business) be postponed and taken into consideration on motion.

 

Postponement
of Business.

   6.

Ordered - That the adjourned debate on the question - That the Criminal Law (Sentencing) (Sentencing Procedures) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned and ordered to be resumed on motion.

 

Criminal Law
(Sentencing)
(Sentencing
Procedures)
Amendment Bill.

   7.

Ordered - That the adjourned debate on the question - That the Criminal Law (Legal Representation) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned and ordered to be resumed on motion.

 

Criminal Law
(Legal
Representation)
Bill.

   8.

Ordered - That the adjourned debate on the question - That the Victims of Crime Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned and ordered to be resumed on motion.

 

Victims of
Crime Bill.

   9.

Ordered - That the adjourned debate on the question - That the Explosives (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 6 agreed to.

                          Clause No. 7 amended and agreed to.

                          Clauses No. 8 and No. 9 agreed to.

                          Schedule agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with an amendment; whereupon the Council adopted such report.

                 The Minister for Disability Services, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Explosives
(Miscellaneous)
Amendment Bill.

10.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Free Presbyterian Church (Vesting of Property) Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 8 agreed to.

                          Clause No. 9, being a money clause, no question was put on the clause.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Attorney-General, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Free
Presbyterian
Church (Vesting
of Property) Bill.

11.

Ordered - That the adjourned debate on the question - That the Co-operative Schemes (Administrative Actions) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

Co-operative
Schemes
(Administrative
Actions) Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 14 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Attorney-General, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

12.

Ordered - That the adjourned debate on the question - That the Criminal Law (Sentencing) (Sentencing Procedures) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. A. J. Redford, the debate was adjourned and ordered to be resumed on motion.

 

Criminal Law
(Sentencing)
(Sentencing
Procedures)
Amendment Bill.

13.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 82 from the House of Assembly relating to the Adelaide Cemeteries Authority Bill.

 

In the Committee

 

                          Resolved - That the amendments of the House of Assembly be agreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

                

Adelaide
Cemeteries
Authority Bill.

14.

On the Order of the Day being read for the adjourned debate on the question - That the West Beach Recreation Reserve (Review) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

West Beach
Recreation
Reserve (Review)
Amendment Bill.

 

                 The President ruled that this Bill was a Hybrid Bill which must be referred to a Select Committee, pursuant to Standing Order No. 268.

President’s Ruling:
Hybrid Bill.

 

                 The Minister for Transport and Urban Planning moved - That the Select Committee consist of the Hon. L. H. Davis, the Hon. M. J. Elliott, the Hon. T. G. Roberts, the Hon. R. K. Sneath and the mover.

                 Question put and passed.

Select Committee
Appointed.

 

 

                 The Minister for Transport and Urban Planning, without notice, moved - That Standing Order No. 389 be so far suspended as to enable the Chairman to have a deliberative vote only.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

                 The Minister for Transport and Urban Planning moved - That this Council permits the Select Committee to authorise the disclosure or publication, as it thinks fit, of any evidence presented to the Committee prior to such evidence being reported to the Council.

                 Question put and passed.

Suspension of
Standing Orders.

 

 

                 The Minister for Transport and Urban Planning, without notice, moved - That Standing Order No. 396 be so far suspended as to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.

Suspension of
Standing Orders.

 

 

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

                 The Minister for Transport and Urban Planning moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place, have leave to sit during the recess and to report on the first day of next session.

                 Question put and passed.

 

 

15.

At five minutes past one o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

  16.

The Minister for Transport, by leave, without notice, moved - That the Select Committee on the West Beach Recreation Reserve (Review) Amendment Bill 2001 have permission to meet during the sitting of the Council this day.

                 Question put and passed.

 

 

Select Committee
on the West Beach
Recreation Reserve
(Review)
Amendment Bill
2001.

17.

Ordered - That the adjourned debate on the question - That the Criminal Law (Sentencing) (Sentencing Procedures) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 4 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Attorney-General, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Criminal Law
(Sentencing)
(Sentencing
Procedures)
Amendment Bill.

18.

Ordered - That the adjourned debate on the question - That the Criminal Law (Legal Representation) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 17 agreed to.

                          Clause No. 18, being a money clause, no question was put on the clause.

                          Clauses No. 19 to No. 22 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Attorney-General, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 The Attorney-General then moved - That this Bill be now read a third time.

                 Question put.

Criminal
Law (Legal Representation)
Bill.

 

            Council divided:

Ayes, 13

The Hon. T. Crothers

The Hon. J.S.L. Dawkins

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. C. Zollo

The Hon. K. T. Griffin (Teller)

      So it was resolved in the affirmative.

 

Noes, 4

The Hon. M. J. Elliott

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

19.

Ordered - That the adjourned debate on the question - That the Victims of Crime Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Victims of
Crime Bill.

20.

Ordered - That the adjourned debate on the question - That the South Australian Co-operative and Community Housing (Associated Land Owners) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 6 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Attorney-General, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

South Australian
Co-operative and
Community
Housing
(Associated
Land Owners)
Amendment Bill.

21.

Ordered - That the remaining Orders of the Day (Government Business) and Orders of the Day (Private Business) be Orders of the Day for next day of sitting.

 

Postponement
of Business.

22.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 24 July 2001, at fifteen minutes past two o’clock.

 

Next Day
of Sitting.

23.

Council adjourned at ten minutes past five o’clock until Tuesday, 24 July 2001, at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. T. Crothers

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. S. M. Kanck

 

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

 

            The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo